Author: Delia Rojas, Attorney
In a landmark legislative move, the California State Senate granted final approval for Senate Bill 58, introduced by Senator Scott Wiener for a policy that he has supported and advocated for numerous years. If ratified into law by Governor Gavin Newsom, the bill will significantly alter California’s legal landscape concerning the non-commercial personal possession, cultivation, and use of specific naturally occurring psychedelics, including psilocybin/psilocyn (mushrooms), Mescaline, and DMT for adults aged 21 and older. The bill lists the “allowable amounts” of personal possession for each substance, as follows:
- Mescaline: Four grams
- DMT: One gram
- Psilocybin: One gram, or up to one ounce of “a plant or fungi containing psilocybin”
- Psilocyn: One gram, or up to one ounce of “a plant or fungi containing psilocyn.”
Proponents of the legislation argue that decriminalization will provide therapeutic access to these substances, which have shown promise in treating various mental health conditions, such as post-traumatic stress disorder (PTSD), anxiety, depression, and substance misuse disorders. SB 58 extends beyond decriminalization and tasks the California Health and Human Services Agency (“CHHS”) with studying psilocybin/psilocyn, ibogaine, mescaline, and DMT and proposing a regulatory framework for therapeutic use. The CHHS will explore various facets of these substances, including their safety and efficacy in treating mental health conditions. Furthermore, the CHHS will make policy recommendations concerning the production, distribution, access, and utilization of these substances for therapeutic purposes.
With SB 58 awaiting Governor Newsom’s review, the future of psychedelic decriminalization in California is uncertain. Newsom, known for his past support of drug policy reform, including the legalization of cannabis, has yet to express his stance on the bill. To date, Governor Newsome has been vague and hasn’t expressed an opinion publicly. The Governor’s spokesperson confirmed this state of limbo and conveyed that the Governor will evaluate the bill’s merits when it reaches his desk. Should Governor Newsom endorse SB 58, the law will become effective on January 1, 2025, signifying a momentous development in the evolution of California’s drug policy.
Reach out to our Psychedelics Industry Group for questions about this new development.